SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
April 14, 1969
JUDITH CZACHOROWSKI, AN INFANT, BY HER GUARDIAN AD LITEM, CHESTER CZACHOROWSKI, APPELLANT, ET AL., PLAINTIFF,
MURRAY WEINTRAUB, RESPONDENT
In a negligence action to recover damages for personal and property injuries, etc., plaintiff Judith Czachorowski (changed to Griffiths) appeals from a judgment of the Supreme Court, Suffolk County, entered July 16, 1968, which dismissed the complaint upon the decision of the court at the close of plaintiff's case upon a jury trial.
Christ, Acting P. J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.
In our opinion, whether appellant was contributorily negligent raised an issue for the jury's determination and, therefore, her complaint should not have been dismissed at the close of her case.
Judgment reversed, on the law, and new trial granted as to appellant, with costs to abide the event. No questions of fact were considered.
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